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CLARK v. EMERSON ELEC. MFG. CO.

No. WC 76-10-K.

430 F.Supp. 216 (1977)

Calvin CLARK, On Behalf of Himself and All Other Persons Similarly Situated, Plaintiff, v. EMERSON ELECTRIC MANUFACTURING COMPANY, a corporation existing and doing business in the State of Mississippi, and created under the laws of the State of Mississippi, Defendant.

United States District Court, N. D. Mississippi, W. D.

April 21, 1977.

Attorney(s) appearing for the Case

Alvin O. Chambliss, Jr., Oxford, Miss., for plaintiff.

Thomas M. Hanna, St. Louis, Mo., S. Thomas Rayburn, Oxford, Miss., for defendant.

MEMORANDUM OPINION

KEADY, Chief Judge.

This cause is before the court on motion of defendant, Emerson Electric Manufacturing Company, to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. Plaintiff, Calvin Clark, a 52-year old white male, alleges that he was "constructively" discharged from his employment with Emerson because of his age in violation of the Civil Rights Acts of 1866 and 1871, 42 U.S.C. §§...

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